The Superior times. [volume] (Superior, Wis.) 1870-1912, 1887-10-29
THE BENCH HEAR THE CASE.
The Chicago Anarchists Appeal Befor,
the United States Supreme Court.

The Chicago Anarchists Appeal Before
the United States Supreme Court.
WASHINGTON, ID. c., Oct. 2l.-Long be-
ore half past 10 o'clock this morning,
which was the hour set for the hearing
Of an application for writ of error in
| The Chicago Anarchist case, the confer
epce room of the United States supreme
court IN the basement of the capitol was
| lncomfortably crowded with lawyers
and newspaper men who were waiting
20 hear the proceedings. John Ran
iolph Tucker, Gen. Pryor, Gen.
B. F. Butler, Capt. Black
and all of the other counsel
for the condemned prisoners were pres
| ent and in whispered consultation, but
at half-past 10 neither Justice Harlan
| nor the record in the cases had arrived.
Five min utes later, however. two men
came in carrying with difficulty large
blue Uncovered trunk corded with half
inch rope, which contained the volum-
| nous record, and under the weight of
which the bearers visibly staggered.
At twenty minutes to II, Justice Har-
Ian entered the conference room, and
after greeting the counsel and directing
that all the newspaper men be allowed
to come in and take such places as best
suited their convenience, he seated him.
self at his desk and called for attention.
AS soon as the room had become quiet,
Justice Harlan, without waiting for any
formal motion or application from the
prisoners counsel said with slow, de-
,iherate enunciation:
"This is an application for writ of
! error to bring up for review by the su-
preme court o. the United States judg-
ment of The supreme court of the state
OF Illinois, involving the liberty of one
of the petitioners and the lives of the
others. Tie time fixed for executing
the sentence Of death is. | am informed,
the llth day Of November.
Under the circumstances it is my
duty to facilitate an early decision of
any question in the case Of which the
supreme court of the United States may
properly take cognizance. If l should
| allow writ of error it is quite certain
that counsel would have to repeat be-
fore that court the argument which they
propose now to make before me. On the
other hand if should refuse the writ the
defendants would be at liberty to renew
their application before any other
Justice of the supreme court and
as human life and liberty are involved
that justice might feel obliged, notwith
standing a previous refusal of the writ,
to look into the case and determine for
himself whether writ of error should
be allowed. II he also refused the de-
PENDANTS could take the papers to
some other member of the court;
and SO on until each justice
had been applied to or until some
justice granted the writ. In this way it
is manifest that delays might occur that
would be very embarrassing in view of
the short time intervening between this
day and the date fixed 1or carrying into
effect the judgment of the state court.
GAS the case is one of a very serious
character in whatever aspect it may be
regarded, deem it proper to make an
order, which | now do, that counsel
present this application to the court in
open session to the end that early and
final action may be had upon the ques-
ton whether that court has jurisdiction
to review the judgment in this case.
There is no reason why it may not be
presented to the court at its session to-
| day. Counsel may state that the appli
cation is made to the court pursuant to
my direction"
Formal application for writs of error
was made IN open court shortly after
noon, by Gen. Pryor in behalf of the
condemned prisoners. The points upon
which he relied 10 Snow mat tne cases
involved federal questions, which would
give this court jurisdiction were;
First, that the statute of Illinois
relating to the empanelment of juries
makes it possible to try the prisoners
with partial and prejudiced jury as
was in TACT done in this case, and that
such statute is obnoxious to the feder-
al constitution; and second, that the
prisoners were compelled to testify
against themselves and criminate them
selves, and that eliminating evidence
against them WAS obtained by the police
from their private desks without search
warrants in viola ion of the constitution
al provision that a man shall not be de-
| prived of life, ETC., without due process
of law.
The court directed Mr.. Pryor to have
printed at once the parts of the record
which presented these questions and
have the printed copies ready for sub
mission to the court to-day or early to-
morrow morning. Further directions if
necessary would, the chief justice said,
be given on Monday next.